THE TELANGANA ASSIGNED LANDS (PROHIBITION OF
TRANSFERS) ACT, 1977.
(ACT NO. 9 OF 1977)
ARRANGEMENT OF SECTIONS
Sections
1.
Short title, extent and commencement.
2.
Definitions.
3.
Prohibition of transfer of assigned lands.
4.
Consequence of breach of provisions of section 3.
4A.
Appeal.
4B.
Revision.
5.
Prohibition of Registration of Assigned lands.
6.
Exemption.
7.
Penalty.
8.
Protection of action taken.
9.
Power to make rules.
10.
Act to over ride other laws.
11.
Power to remove difficulties.
12.
Repeal of Ordinance 2 of 1977.
THE TELANGANA ASSIGNED LANDS (PROHIBITION OF
TRANSFERS) ACT, 1977.
1
ACT No. 9 OF 1977.
1. (1) This Act may be called the
2
Telangana Assigned
Lands (Prohibition of Transfers) Act, 1977.
(2) It extends to the whole of the State of
2
Telangana.
(3) It shall be deemed to have come into force on the
21st January, 1977.
2. In this Act, unless the context otherwise requires,-
(1) “assigned lands” means lands assigned by the
Government to the landless poor persons under the rules
for the time being in force, subject to the condition of non-
alienation and includes lands allotted or transferred to
landless poor persons under the relevant law for the time
being in force relating to land ceilings; and the word
“assigned” shall be construed accordingly;
Explanation:- A mortgage in favour of the following
shall not be regarded as an alienation, namely:-
(i) the Central Government, or the State Government
or any local authority;
1. The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act,
1977 received the assent of the President on the 29th April, 1977. The
said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.9 of 1977]
(ii) any co-operative society registered or deemed to
be registered under the
3
Telangana Co-operative Societies
Act, 1964; and
(iii) any bank which includes,-
(a) the Agricultural Development Bank;
(b) the Reserve Bank of India constituted under the
Reserve Bank of India Act, 1934;
(c) the State Bank of India constituted under the
State Bank of India Act, 1955;
(d) a subsidiary bank as defined in the State Bank
of India (Subsidiary Banks) Act, 1959; and
(e) a corresponding new bank constituted under
section 3 of the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970;
(2) “Government” means the State Government;
(3) “landless poor person” means a person who owns
an extent of land not more than 1.011715 hectares (two and
half acres) of wet land or 2.023430 hectares (five acres) of
dry land or such other extent of land as has been or may be
specified by the Government in this behalf from time to time
and who has no other means of livelihood;
Explanation:- For the purposes of computing the extent
of land under this clause, 0.404686 hectares (one acre) of
wet land shall be equal to 0.809372 hectares (two acres) of
dry land;
3. Adapted by G.O.Ms.No.53, Agriculture and Co-operation (Coop.II)
Department, dated 20.05.2016.
Act 7 of 1964.
Central Act 23 of 1955.
Central Act 38 of 1959.
Central Act 5 of 1970.
[Act No.9 of 1977] 3
(4) “notification” means a notification published in the
4
Telangana Gazette and the word „notified‟ shall be
construed accordingly;
(5) “prescribed” means prescribed by rules made by
the Government under this Act;
(6) “transfer” means any sale, gift, exchange, mortgage
with or without possession, lease or any other transaction
with assigned lands, not being a testamentary disposition
and includes a charge on such property or a contract
relating to assigned lands in respect of such sale, gift,
exchange, mortgage, lease or other transaction.
3. (1) Where, before or after the commencement of this
Act any land has been assigned by the Government to a
landless poor person for purposes of cultivation or as a
house-site then, notwithstanding anything to the contrary in
any other law for the time being in force or in the deed of
transfer or other document relating to such land, it shall not
be transferred and shall be deemed never to have been
transferred; and accordingly no right or title in such
assigned land shall vest in any person acquiring the land by
such transfer.
(2) No landless poor person shall transfer any assigned
land, and no person shall acquire any assigned land, either
by purchase, gift, lease, mortgage, exchange or otherwise.
(3) Any transfer or acquisition made in contravention of
the provisions of sub-section (1) or sub-section (2) shall be
deemed to be null and void.
(4) The provisions of this section shall apply to any
transaction of the nature referred to in sub-section (2) in
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Prohibition of
transfer of
assigned lands.
4 [Act No.9 of 1977]
execution of a decree or order of a civil court or of any
award or order of any other authority.
(5) Nothing in this section shall apply to an assigned
land which was purchased by a landless poor person in
good faith and for valuable consideration from the original
assignee or his transferee prior to the commencement of
this Act and which is in the possession of such person for
purposes of cultivation or as a house-site on the date of
such commencement.
4. (1) If, in any case, the District Collector or any other
officer not below the rank of a
5
[Mandal Revenue Officer,]
authorised by him in this behalf, is satisfied that the
provisions of sub-section (1) of section 3, have been
contravened in respect of any assigned land, he may, by
order-
6
[(a) take possession of the assigned land after
evicting the person in possession after such written notice
as the Collector or Mandal Revenue Officer may deem
reasonable and any crop or other produce raised on such
land shall be liable to forfeiture and any building or other
construction erected or anything deposited, thereon shall
also be forfeited, if not removed by him, after such notice, as
the Collector or the Mandal Revenue Officer may direct.
Forfeitures under this section shall be adjudged by the
Collector or Mandal Revenue Officer and any property
forfeited shall be disposed of as the Collector or Mandal
Revenue Officer may direct; and;]
5. Substituted by Act No.32 of 1989.
6. Clause (a) of sub-section (1) of section 4 substituted by Act No.38 of
1998.
Consequence of
breach of
provisions of
section 3.
[Act No.9 of 1977] 5
7
[(b) (i) reassign the said resumed land, other than
those lands/areas as may be notified by the Government
from time to time in public interest and for public purpose, to
the transferee who purchased the land in good faith and for
valuable consideration on or before
8
[31
st
December, 2017],
subject to the condition that he/she is landless poor person,
and is in occupation of the land by using the said for
agriculture or as house site, as on the date of taking
possession by eviction:
Provided that the reassignment in case of transferee
shall be limited to only such an extent that the total holding
of the reassignee including any other land held by him/her
does not exceed 5.00 Acres dry land or 2 ½ Acres wet land:
Provided further that where the transferee who has
purchased the land and got reassignment of it, or his legal
heir, transfers the reassigned land, the land shall be
resumed for assignment to the other eligible landless poor:
(ii) restore the said assigned land, other than those
lands/areas as may be notified by the Government from time
to time in public interest and for public purpose, to the
original assignee, subject to the condition that he or she is
landless poor person as on the date of restoration for one
time; or
(iii) assign to other eligible landless poor person:
Provided that the restoration of land shall be limited to
only such an extent that the total holding including any other
land held by him/her does not exceed 5.00 Acres dry land
or 2 ½ Acres wet land:
7. Clause (b) of sub-section (1) of section 4 substituted by Act No.21 of
2008.
8. Substituted by Act No.12 of 2018.
6 [Act No.9 of 1977]
Provided further that where the original assignee or his
legal heir, after first restoration transfers the assigned land,
the land shall be resumed for assignment to the other
eligible landless poor:
Provided also that if no eligible landless poor persons
are available in the village/area, the resumed land will be
utilized for public purpose.
Explanation: For the purpose of this clause “Public
Interest” and “Public Purpose” shall mean and include, the
Weaker Section Housing, Public Utility, Infrastructure
Development, promotion of industries and Tourism or for
any other public purpose;]
9
[(c) in the area which may be notified by
Government from time to time, lands resumed under clause
4 (a) above, shall be utilized for public purpose:]
10
[(2) An eviction under sub-section (1) shall be made
by serving a notice in the manner prescribed in section 25 of
the
11
Telangana Revenue Recovery Act, 1864, or in any such
other manner as the State Government may direct, on the
person reputed to be in occupation or his agent requiring
him within such time as the Collector or the Mandal
Revenue Officer may deem reasonable after receipt of the
said notice to vacate the land, and, if such notice is not
obeyed, by removing or deputing a subordinate to remove
any person who may refuse to vacate the same, and if the
officer removing any such person shall be resisted or
obstructed by any person, the Collector shall hold a
summary inquiry into the facts of the case and if satisfied
that the resistance or obstruction was without any just cause
9. 4(1)(c) substituted by Act No.8 of 2007.
10. Sub-sections (2) and (3) added, by renumbering existing sub-
sections (2) and (3) as sub-sections (4) and (5) by Act No.38 of 1998.
11. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.9 of 1977] 7
and that such resistance or obstruction still continues, may
issue a warrant for arrest of the said person and on his
appearance commit him to close custody in the office of the
Collector or of any Mandal Revenue Officer for such period
not exceeding thirty days as may be necessary to prevent
the continuance of such obstruction or resistance or may
send him with a warrant in the form of schedule for
imprisonment in the civil jail of the District for the like period:
Provided that no person so committed or imprisoned
under this section shall be liable to be prosecuted under
sections 183, 186 or 188 of the Indian Penal Code in respect
of the same facts.
(3) Any person who unauthorisedly re-enters and
occupies any land from which he was evicted under this
section, shall be punished with imprisonment for a term
which may extend upto six months or with fine upto rupees
five thousand or with both.]
12
[(4)]
13
[Any order passed in revision under section 4-B
and subject to such order, the decision in appeal under
section 4A and subject to the said orders in revision and
appeal, any order passed under sub-section (1)], shall be
final and shall not be questioned in any court of law and no
injunction shall be granted by any court in respect of any
proceeding taken or about to be taken by any officer or
authority or Government in pursuance of any power
conferred by or under this Act.
12
[(5)] For the purposes of this section, where any
assigned land is in possession of a person, other than the
original assignee or his legal heir, it shall be presumed, until
12. Existing sub-sections (2) and (3) renumbered as sub-sections (4)
and (5) by Act No.38 of 1998.
13. Substituted by Act No.32 of 1989.
Central Act 45 of 1860
8 [Act No.9 of 1977]
the contrary is proved, that there is a contravention of the
provisions of sub-section (1) of section 3.
14
[4A. (1) Any person aggrieved by an order passed by the
Mandal Revenue officer under sub-section (1) of section 4,
may within ninety days from the date of receipt by him of
such order appeal to the Revenue Divisional Officer.
(2) Any person aggrieved by an order passed by the
Revenue Divisional Officer under sub-section (1) of section 4
may, within ninety days from the date of receipt by him of
such order appeal to the District Collector.
4B. (1) The District Collector may in respect of any
proceeding not being a proceeding covered by sub-section
(2) of section 4A on an application made to him and the
Government may in respect of any proceedings either suo
motu or on an application made to them, call for and
examine the record of any officer subordinate to him or
them to satisfy himself or themselves as to the regularity of
such proceeding or the correctness, legality or propriety of
any decision or order taken or passed therein, and if in any
case, it appears to the District Collector or as the case may
be to the Government that any such decision or order
should be modified, annulled, reversed or remitted for re-
consideration, they may pass orders accordingly:
Provided that every application for the exercise of the
powers under this section shall be preferred within ninety
days from the date on which the proceeding, decision or
order to which the application relates was communicated to
the applicant.
14. Sections 4-A and 4-B with marginal headings inserted by Act No.32
of 1989.
[Act No.9 of 1977] 9
(2) No order adversely affecting any person shall be
passed under sub-section (1), unless such person has been
given an opportunity of making his representation.
(3) The District Collector or the Government as the
case may be, may also suspend the execution of the
decision or order pending exercise of their power under
sub-section (1).]
15
[5. (1) The District Collector or any other Officer, not below
the rank of a Mandal Revenue Officer authorized by him in
this behalf, shall within 45 (forty five ) days from the date of
commencement of the Andhra Pradesh Assigned Lands
(Prohibition of Transfers) (Amendment) Act,
16
[2007] furnish
to the Registering Officer having jurisdiction over the area a
list of lands assigned to the landless poor persons with all
particulars of assignment and further furnish such
particulars of new assignment forthwith.
(2) Notwithstanding anything in the Registration Act,
1908, no Registering Officer shall accept for registration of
any document relating to the transfer of or creation of any
interest in any assigned lands as furnished in the list under
sub-section (1).]
6. Nothing in this Act shall apply to the assigned lands
held on mortgage by the State or Central Government, any
local authority, a co-operative society, a scheduled bank or
such other financial institution owned, controlled or
managed by a State Government or the Central
Government, as may be notified by the Government in this
behalf.
15. Section 5 substituted by Act No.8 of 2007.
16. Corrected by "Errata" vide Memo No. 670/SLA&J/RL/85/2007, dated
07.02.2007 published by Andhra Pradesh Gazette, Part IV-B,
Extraordinary, dated 07.02.2007.
Exemption.
Prohibition of
Registration of
Assigned lands.
10 [Act No.9 of 1977]
7. (1) Whoever acquires any assigned land in
contravention of the provisions of sub-section (2) of section
3 shall be punished with imprisonment which may extend to
six months or with fine which may extend to two thousand
rupees or with both:
17
[Provided that any person who has voluntarily
disclosed and surrendered the assigned land in his
possession or discloses and surrenders the assigned land
in his possession within 90 days from the commencement of
Andhra Pradesh Assigned Lands (Prohibition of Transfers)
(Amendment) Act,
18
[2007] shall be exempted from
prosecution.]
(2) Whoever opposes or impedes the District Collector
or any person authorised, in taking possession of any
assigned land under this Act shall be punished with
imprisonment which may extend to six months or with fine
which may extend to five thousand rupees or with both.
19
[(2A) Any officer, violating the provisions under sub-
sections (1) and (2) of section 5 shall be punished with
simple imprisonment which may extend to six months or
with fine which may extend to ten thousand rupees or with
both.]
(3) No court shall take cognizance of an offence
punishable under this section, except with the previous
sanction of the District Collector.
17. Added by Act No.8 of 2007.
18. Corrected by "Errata" vide Memo No. 670/SLA&J/RL/85/2007, dated
07.02.2007 published by Andhra Pradesh Gazette, Part IV-B,
Extraordinary, dated 07.02.2007.
19. Inserted by Act No.8 of 2007.
Penalty.
[Act No.9 of 1977] 11
8. (1) No suit, prosecution or other legal proceeding shall
lie against any person, officer or authority for anything which
is in good faith done or intended to be done in pursuance of
this Act or any rules made thereunder.
(2) No suit or other legal proceedings shall lie against
the Government for any damage caused or likely to be
caused or for any injury suffered or likely to be suffered, by
virtue of any provision of this Act, or for anything which is in
good faith done or intended to be done in pursuance of this
Act, or any rules made thereunder.
9. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before each House of the State
Legislature if it is in session and if it is not in session, in the
session immediately following, for a total period of fourteen
days which may be comprised in one session, or in two
successive sessions and if before the expiration of the
session in which it is so laid or the session immediately
following, both Houses agree in making any modification in
the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annulled as the case may be; so however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
10. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or, any custom,
usage or contract or decree or order of a court, tribunal or
other authority.
Protection of
action taken
Power to make
rules.
Act to over ride
other laws.
12 [Act No.9 of 1977]
11. If any difficulty arises in giving effect to the provisions
of this Act, the Government may, by general or special
order, published in the
20
Telangana Gazette, make such
provisions not inconsistent with the provisions of this Act, as
appear to them to be necessary or expedient for the
removal of the difficulty:
Provided that no such order shall be made after the
expiration of two years from the commencement of this Act.
12. The Andhra Pradesh Assigned Lands (Prohibition of
Transfers) Ordinance, 1977 is hereby repealed.
* * *
20. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Power to remove
difficulties
Repeal of
Ordinance 2 of
1977.